HomeMy WebLinkAboutKinetico Quality Systems RZ
PARTIES:
1.
2.
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 24
BDISE IDAHD 03131105 04:06 PM
DEPlITY Bonnie Oberblilig 1111111111111111111111111111111111111
RECDRDED- REQUEST OF 11351338562
Meridian City
----
DEVELOPMENT AGREEMENT
City of Meridian
Don Burton, Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this /515 day of !J¿flr¡.c4v , 2005, by and between CITY OF
MERIDIAN, a municipal corporation of the State ofIdaho, hereafter called "CITY', and Don
Burton, dba Kinetico Quality Systems, hereinafter called "OWNER".
1.
RECITALS:
1.1
1.2
1.3
WHEREAS, "OWNER" is the sole owner, in law and/or equity, of
certain tract ofland in the County of Ada, State ofIdaho, described in
Exhibit A for each owner, which is attached hereto and by this
reference incorporated herein as if set forth in full, herein after
referred to as the "Property"; and
WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may,
by ordinance, require or permit as a condition of re-zoning that the
"Owner" make a written commitment concerning the use or
development of the subject "Property"; and
WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re-zoning of
land; and
1.4
WHEREAS, "Owner" has submitted an application for annexation
and zoning of the "Property's" described in Exhibit A, and has
requested a designation of (C-C) Community Business District,
(Municipal Code of the City of Meridian); and
1.5
WHEREAS, "Owner" made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before
the Meridian City Council, as to how the subject "Property" will be
developed and what improvements will be made; and
DEVELOPMENT AGREEMENT (RZ-O4-018) KINETICO QUALITY SYSTEMS PAGE I OF 10
1.6
1.7
1.8
1.9
1.9
WHEREAS, record of the proceedings for the requested re-zoning
designation of the subject "Property" held before the Planning &
Zoning Commission, and subsequently before the City Council,
include responses of government subdivisions providing services
within the City of Meridian planningjurisdiction, and received further
testimony and comment; and
WHEREAS, City Council, the 1st day of February, 2005, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached hereto
and by this reference incorporated herein as if set forth in full,
hereinafter referred to as (the "Findings"); and
WHEREAS, the Findings require the "Owner" to enter into a
development agreement before the City Council takes final action on
re-zoning designation; and
"OWNER" deems it to be in its best interestto be able to enter into
this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and requests; and
WHEREAS, "City" requires the "Owner" to enter into a
development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is in
accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence received
by the "City" in the proceedings for re-zoning designation fÌom
government subdivisions providing services within the planning
jurisdiction and fÌom affected property owners and to ensure re-
zoning designation is in accordance with the amended
Comprehensive Plan of the City of Meridian adopted August 6,2002,
Resolution No. 02-382, and the Zoning and Development Ordinances
codified in Meridian City Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (RZ-O4-018) KINETICO QUALITY SYSTEMS PAGE 2 OF IO
3. DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as herein
provided for, unless the clear context of the presentation ofthe same requires otherwise:
3.1
3.2
3.3
"CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of
law of the State of Idaho, whose address is 33 East Idaho Avenue,
Meridian, Idaho 83642.
"OWNER": means and refers to Don Burton whose address is 544
West Cherry Lane, Meridian, Idaho 83642, the party developing said
"Property" and shall include any subsequent owner(s)/developer(s) of
the "Property".
"PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit A describing the parcels to be re-zoned C-C
(Community Business District) attached hereto and by this reference
incorporated herein as if set forth at length.
4.
USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under "City's" Zoning Ordinance codified at Meridian City Code Section
11-7-2 (C) which are herein specified as follows:
5.
Re-zoning of an existing residential structure located at 544 West
Cherry Lane, Meridian, Idaho to C-C (Commercial Community
Business) which allows for light retail business of Kinetico Quality
Water of Treasure Valley.
4.2
No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
CONDITIONS GOVERNING RE-ZONE:
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 3 OF 10
5.1
Cross access to the parking lot to the east shall be provided in the
form of a stubbed asphalt drive. The owner shall provide a cross
access easement to benefit the adjacent property.
5.2
The owner shall limit the hours of operation fÌom 7:00 a.m. to 7:00
p.m.
5.3
The owner shall work with the City to obtain alternative compliance
for the required landscape buffer along the north property line.
6. COMPLIANCE PERIOD! CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with
Section 5 entitled "Conditions Governing Re-Zone" of subject "Property" of this agreement
within two years of the date this Agreement is effective, and after the "City" has complied
with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent
amendments or recodifications thereof.
7. CONSENT TO DE-ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Owner" consent upon default to the reversal of the zoning designation of the
"Property" subject to and conditioned upon the following conditions precedent to-wit:
7.1
That the "City" provide written notice of any failure to comply with
this Agreement to "Owner" and if the "Owner" fails to cure such
failure within six (6) months of such notice.
8. INSPECTION: "Owner" shall, immediately upon completion of any portion
or the entirety of said development of the "Property" as required by this agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and
written approval of such completed improvements or portion thereof in accordance with the
terms and conditions of this Development Agreement and all other ordinances of the "City"
that apply to said Development.
9.
DEFAULT:
In the event "Owner", "Owner's" heirs, successors, assigns, or
subsequent owners of the "Property" or any other person acquiring an
interest in the "Property", fail to faithfully comply with all of the
terms and conditions included in this Agreement in connection with
the "Property", this Agreement may be modified or terminated by the
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 4 OF 10
9.1
9.2
"City" upon compliance with the requirements of the Zoning
Ordinance.
A waiver by "City" of any default by "Owner" of anyone or more of
the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of
"City" or apply to any subsequent breach of any such or other
covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Owner's" cost, and submit proof of such recording to "Owner", prior to the third reading of
the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the
City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the "Property" contemplated
hereby, the "City" shall execute and record an appropriate instrument of release of this
Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12. REMEDIES: This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Owner", or by any successor or successors in title or by the
assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or
in equity to secure the specific performance of the covenants, agreements, conditions, and
obligations contained herein.
12.1
In the event of a material breach of this Agreement, the parties agree
that "City" and "Owner" shall have thirty (30) days after delivery of
notice of said breach to correct the same prior to the non-breaching
party's seeking of any remedy provided for herein; provided,
however, that in the case of any such default which cannot with
diligence be cured within such thirty (30) day period, ifthe defaulting
party shall commence to cure the same within such thirty (30) day
period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure
may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Owner" or "City" is delayed for causes which
are beyond the reasonable control of the party responsible for such
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 5 OF IO
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance
shall be extended by the amount of time of such delay.
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements,
which the "Owner" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Owner" agrees that no
Certificates of Occupancy will be issued until all improvements are completed, unless the
"City" and "Owner" have entered into an addendum agreement stating when the
improvements will be completed in a phased developed; and in any event, no Certificates of
Occupancy shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Owner" agrees to abide by
all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if
the owner or his assigns, heirs, or successors shall not meet the conditions contained in the
Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances
of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days after
deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
OWNER:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ill 83642
Don Burton
Kinetico Quality Systems
544 West Cherry Lane
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 6 OF IO
16.1
A party shall have the right to change its address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to
any other relief as may be granted, to court costs and reasonable attorney's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to be a
separate contract between the parties and shall survive any default, termination or forfeiture
ofthis Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree
that time is strictly of the essence with respect to each and every term, condition and
provision hereof, and that the failure to timely perform any of the obligations hereunder shall
constitute a breach of and a default under this Agreement by the other party so failing to
perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Owner" of the "Property", each subsequent owner and
any other person acquiring an interest in the "Property". Nothing herein shall in any way
prevent sale or alienation of the "Property", or portions thereof, except that any sale or
alienation shall be subject to the provisions hereof and any successor owner or owners shall
be both benefited and bound by the conditions and restrictions herein expressed. "City"
agrees, upon written request of "Owner", to execute appropriate and recordable evidence of
termination of this Agreement if"City", in its sole and reasonable discretion, had determined
that "Owner" has fully performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised fÌom
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Owner" and "City"
relative to the subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Owner" and "City", other
than as are stated herein. Except as herein otherwise provided, no subsequent alteration,
amendment, change or addition to this Agreement shall be binding upon the parties hereto
unless reduced to writing and signed by them or their successors in interest or their assigns,
and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City".
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 7 OF IO
21.1
No condition governing the uses and/or conditions governing re-zoning of the
subject "Property" herein provided for can be modified or amended without
the approval of the City Council after the "City" has conducted public
hearing(s) in accordance with the notice provisions provided for a zoning
designation and/or amendment in force at the time of the proposed
amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective
on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning
Ordinance in connection with the annexation and zoning of the "Property" and execution of
the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (RZ-04-018) KINETICO QUALITY SYSTEMS PAGE 8 OF IO
23.
ACKNOWLEDGEMENTS:
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNER - KINETICO QUALITY SYSTEMS:
DO~~ ~)
CITY OF MERIDIAN
Attest:
STATE OF IDAHO)
: ss
COUNTY OF ADA)
On this /C;ft..- day of JI1ar~ , in the year 2005,
before me, a Notary Public, personally appeared DON BURTON known or identified to me
to be the person who executed the instrument and acknowledged to me that he have executed
the same. """"""""
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DEVELOP~~~ tiT Ìz-04-018)
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ICO QUALITY SYSTEMS PAGE 9 OF 10
Commission expires:
611 /;1£!/O7
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STATE OF IDAHO)
: ss
County of Ada
On this .,,2.q* dayof f\ttrd- ,intheyear2005,before
me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know
or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (RZ-04-018)
PAGE 10 OF 10
'&hiW+ A'
[rn
TEALEY'S LAND
SURVEYING
2501 Bogus Basin Rd... Boise, Idaho 83702
(208) 385-0636
Fax (208) 385-0696
-
Project. No.: 2805
Date: November 9, 2004
DESCRIPTION FOR
PHILLIPS PROPERTY
A parcel of land being a portion of the SW 1/4 of the SE 1/4 of Section 1, T.3N.,
R.1w., B,M., Meridian, Ada County, Idaho, as shown on Record of Survey No.
, filed for record in the office of the Ada County Recorder, Boise, Idaho under
Instrument No. and more particularly described as follows:
Commencing at brass cap marking the South 1/4 corner of said Section 1;
thence along the South boundary of said Section 1
South 89°51'00" East 526.20 feet to a point; thence
North 04°10'18" West 40.11 feet to an iron pin on the North right-of-way line of
West Cherry Lane, said point being the POINT OF BEGINNING; thence continuing
North 04°10'18" West 182.46 feet to an iron pin on the South boundary of
Meridian Manor No.1 Subdivision, as filed for record in the office of the Ada County
Recorder, Boise, Idaho in Book 33 of Plats at page 1989; thence along said South
boundary
South 89°51 '00" East 160.57 feet to an iron pin marking the Southeast corner of
said Meridian Manor No.1 Subdivision, said point being on the West boundary of Tedi
Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in
Book 35 of Plats at page 3022; thence along said West boundary
South 01°27'00 East 182.01 feet to an iron pin on said North right-of-way line of
West Cherry lane; thence along said North right-of-way line
North 89°51'00" West 151.91 ieet to the POINT OF BEGINNING,
Said parcel of land contains 0.653 acre, more or less.
REVI.), APP~ovt;L () '7----
8Y~,-o ,
/NOV 152004
MERIDIAN pUBLIC
wORKS DEP1'.
C'IDo,"""" ~d SoW".jooxIMy Documoo','wo,dld..\2S05-<""doo - ¡do
\ Exh\\Þ\¡ 8'
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a request to Rezone 0.74 acres from L-O (Limited Office) to C-C
(Community Business), by Irma Jean Phillips.
Case No(s): RZ-04-018
For the City Council Bearing Date of: January 18, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice ofpubJic hearing before the
City Council was posted upon the property under corusideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the January 18, 2005, public
hearing(s). The applicant, affected property owners, and :govemment subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Pub Ii cation and Proofof
Posting filed with the staff report. .
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-04.0IB - PAGE 1 of4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application( s), it is hereby
veri tied that the property owner( s) of record at the time of issuance of these
findings is hma Jena Phillips.
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit C for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67; Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances coditied at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Anoended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02.382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received fÌOm the governmental
subdivisions providmg services in the City of Meridian planningjurisdiction.
5. . It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a oopy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Site Plan dated
September 2004 as shown in Exhibit B and the Site Specific and Standard Comments in
Exhibit C. The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian. City Code § 12-3-5 and
based upon the above and foregomg Findings of Fact which are herein adopted, it is hereby
ordered that: .
1. The Site Specific and Standard Comments are as shown in Exhibit B.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S).RZ-04-018 -PAGE2of4
E.
Notice of Final Action and Right to Regulatory TakÍJ1is Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period wíthin which a Petition for I udicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use pennit approval may within twenty-eighi (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A: Leglll Description
Exhibit B: Site Specific and Standard Comments
Exhibit C: Zoning Amendment Findings
Br. action of the City Council at its regular meeting held on the I Sf? day of
r:e6rUA:'1-1.~2Ø/~ . .
COUNCIL MEMBER SHAUN WARDLE VOTED ~
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED#- P.-.-
VOTED~
VOTED-=-
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
~~
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CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-018 - PAGE 3 of4
and City Attorney.
By:j~
City Clerk's Office
Dated: 2-1-c5
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8< ORDER
CASE NOeS). RZ-04-018 - PAGE 40f4
EXHIBIT A
Kinetico Quality Systems
RZ-O4.0I8
Legal Description
"b-='
Prqect. No.; 2805
De: Novemller 8. 2004
çø
2501 BD 118 BasIr1 Rd. , -.Idaho e370:2
12Øi) ß5.C1S36
FIII- 88&o0SeS
DESCftIPTION FOR
, . PHlWPS PROPERlY
A parcel of IMd b4fnø a pam,n Of th. SW 1/4 oIlha 8E 1/4 of Section ,. T.!N..
R.1W., aM., Melldlan,. Acta CounI)t, ldello, .. ohown an "-rd 01 Survey No.
~ lied for I\iIIImI In !lie aI!Ico of !he Ad. COO61I f RecIIIdor. 1IoI1e. Idaho und.,
1..1roment No. Ind more pa¡tlcularly d8IIÞÞ>cI.. follow",
Commenclrtg at b,... ..p mOJ1dng tho South 1104 CQI9Ior of ..id SOCIion 1;
tho....eJc n; l1li SouIII \lel.lDll8oyof.okISeotion 1
South "'61 '00' Eæt 6128.20 feet 10 . poin~ lI1e-
North 04'10'18' Welt 010.1 t feet to en Iron pin "" Ihe ,N8tIh /I;JII-of-way line of
Wee! Chen¡¡ Lane, HId paint b~ !he PalM" OF BllOIN/III1'I8; '*" eonIlnuing
NotIh 04'10'18' West 182.48 !at to an iron pi" on 1118 SOuIh bounùry of
Meridian Mano, No.1 8u11c1M!!ao, .. tied for """'rei In !he ... 01111. Ad. CO<JI1ty
Reoordor, sor.., Icfeho In $aok 33 of Piela 81 psg. 1S11S', -- efang ~Id South
boundary
Sooth &9'$1'QG" Ee&I tæ.G7 -10 an Iron pin mukln¡¡ tI1a SouIhHst comer of
sold Meridlen Menor No. 1 ~. HId point bok1g on thII ~ bçUIUIarV of Tedl
sw.Ivfslon, aal led lot - irlthlt.afIJcnl the Ada Coumy R8ccirder. lIol8e, Ideh<> In
Book 35 of p/ere at P8Øe 3O:I:i; _.1110119 aIfd Weet bound8t1/
South 01'2?'OØ Eael18;2,Ot fatllo an Iron pill on IIIIId Hœ'Ih rlgtlk) -way lIne 01
Weal Chony lane; 11111\08 aIœI.iI aaldNoflh rlght-akWy Ine ,
North 8$'SI'OO' Welt 1}1..,leeIto 111. POINT QII EII!GINPING,
. Sold parçoI 011811<1 oonlllllll 0.863 aCfe, more or teo¡.,
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EmmIT B
Kinetico Quality Systems
RZ-O4-Ð18
Site Speclfie and Standard Comment!
SITE SPECIFIC COMMENTS lRezone)
1.
The legal description submitted with the application is accurate and meets the
requirements of the City of Meridian and State Tax Commission.
2.
All development on said property shall comply with Meridian City Code.
3.
"Prior to the anneKation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney, Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
. Cross access to the parking lot to the east shall be provided in the
fonn of a stubbed asphalt drive. The applicant shall also provide a
cross access easement to benefit the adjacent property.
. Limit the hours of operation from 7 a.m. to 7 p.m.
. The applicant shall work with the City to obtain alternative
compliance for the required landscape buffer along the north
property line.
4.
A Certificate of Zoning Compliance (CZC) application shall be submitted for
approval prior to occupancy of the retail business.
FIRE DEPARTMENT COMMENTS
1. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 YO' outlet face the main street or parking lot
aisle.
b.
The Fire hydrant shall not face a street which does not have addresses on
it.
Fire hydrant marketS shall be provided per Public Works spec.
Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
Fire Hydrants shall be placed on comers.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
c.
d.
e.
f.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
Provide a 20' wide Fire Lane for all internal & external roadways.
Operational fire hydrants and temporary or penuanent street signs are required
before combustible construction begins.
Fire lanes and streets shall have a vertical clearance of }3'6". This includes
mature landscaping.
Commercial and office occupimcies will require a fire-flow consistent with the
International Fire Code to service the proposed project Fire hydrants shall be
placed an average of 300' apart.
The officeJcommerciailot will have an unknown transient pOpulation and will have
an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Deparbnent has experienced 2397 responses in the year 2003. According to a report
completed by Fire & Emergency Services Consulting Group our requests for service
are projected to reach 2800 in the year 2005 and 3800 by the year 2010.
Maintain a separation of 5' from the building to the dumpster enclosure.
Provide a Knoxbox entry system for the complex.
The first digit of the Apartment/Office Suite shall correspond to the floor level.
All portions of the buildings located on this project must be within 150' of a paved
surface as measw-ed around the perimeter of the building.
Provide exterior egress lighting as required by the International Building & Fire
Codes.
All Common driveways shall be straight or have a turIÙng radius of 28' inside and
48' outside and sbal1 have a clear driving surface which is 20' wide.
Any chemical storage must comply with International F:ire Code, Chapter 27.
Fire hydrants shall be no further than 400' from the most remote portions of the
building.
SANITARY SERVICES COMMENT:
1. Please contact Bill Gregory at sse (888-3999) for detailed review of your
proposal and submit stamped (approved) plans with your certificate of zoning
compliance application.
ACHD COMMENTS:
0isIJid policy req""'¡' 7.ftJot wide 81I8d1od (or 5_t doladÌÕcl) """""'18 sidewalk on on colleclar
",odw.l/O.nd"""rIoI~(7204.7.2).
Cholry Lone CUMntJyhas 0 - ofeo-reotoft1ght-ol-way (4\I-feoIltom -r...., end I. improved
- 5-tra1lic - wIIh vertical curb. f IJUer and a_lie IIIIIJIIIn¡¡ Ihe I /ta. ~"'Iy. Ihe District
I8<IUIru deveIop....,1I abutdr1I 811 a- roadway 10 d_4ftet of rf¡ ht-of-way Irom !he
..-lIne øf II1e abulllrq rœdRy. DUBIO !he fad thai CIIø/ry Lalla II fUlly ImplIMI<I o. a 5-Iono
R>Odwoy with curb, gul1IIr and 8Idawo1k .nd 18 not OfIIJdpatsd 10 be ~8d In !he Mure. tho
",pll""nI"""ld not bo røqqlred 10 dedi- ony oddiliono' ~ or """"lruct any OddltlOltaI
- Impro....,.",111 on a,all' l Lane allhis --
2.
Ddvawop .
DIstttcI policy 72-F6, ~- ~ located "" coIladoror orlortallO8dways with a opood limit of
38 Ioallgn orollsetamkllmum "151).1oe - 8I1Y ax!81In 0r ",eposed """'...y.
- policy 7207.9.3 -ell - ~ with dal~ 1nII1IJc ¥OJ.mas over I.Coo -clo.
10" mooåmum wldtI1 a/31WaG1. Moot..- dri- wm be con- o. curb....,1 type
"'01- If - on 1ocaI-. Ourb '"""" ""0 ~ w11J'1llWoat IBII~ win I>a reQuired I'or
drivewa¡o¡ a......,¡,g ......." OJUI al1lirlll roadways, ;
GnMitod cIIiwwaI'II obuIÞIg public -- crøata -....... prall""'" duo 10 I'll'" boIns Ú'8cko<1
onto 1M roadway. In IICICOI1I8I1<18 - D- policy. 1207.S.1.1h""pp."...1 maUd.be "",u~od tò
paw 111. dri"""""l'lIa U wldlllIIId at foasl3~ ink> 1hø &lie bo,DnoIlhe acf! 8 01_1 of 1110
KIIIIIMIy n Instal _am Iøpon w11111s.root rlldl ablllilrlQ tho eodll/n¡ -y edge.
The -- CUll'Ol'l1ly has... ~91i-footwfd.curb outdrivowayIheUII....cts Chony Lan.
ØPPI'»f~ 254881- øftile 8a8I prqoerly 1In.. The eppIlcanlll p",.,..lng to uUIIze 111. _tlng
1!!-foc1_curb cui driveway. ThIs drlvawayls!aGa1ad oIIghll¡o IDtho_of lI1.oulbound _.1
lena tram CtaeImanI DtIWI. ~ paOcy requires drlvowara on ~r and or\erial rood~ with
a opaod Im~ of 35 MPH 10 IHlIoœIIId .. dll'OlCt oIignment with any drIvaway or .Inoot or a1fsol any.
drlveway...- III' a l1li-.. of II111..fMt. Clot... poliOI' aIao røquno all drlwweys on ""-
and ~ 1t:MId~ ID be -- .1 curb røtum typo ctIvswIyI. In oIlIer 10 ""mply wUh
IJ o r ot policy 1111 epplialnllhould...- U,uxlelln9 jB-fiH wfda curb out driveway Ihotlnlor.o'"
CIIsny LaI1llI lplOll\matøIy 28-fH1- of !hi -'property ilia IIII! -.uct lit. dri- to b. 0
CI8b mum typa drllleway Ih81Io . _m of 31J./8at In _onelln oIlgmnanl wIIh Cnostmonl
Or1ve.
3.
OIhu Ace....
CI1arry lalll II c1ass!118d.. . prIIIOIpaI al1al1o1. 0Ih0t than 0Ie.....1I pafnllhal h... lpo<:ificolly be""
ap Iravod wIIh tills __no _101"""0 to Charry La... Is prohibited.
~
Site Specific Conditions of Approval
Romovo 1M axilling 111-faot wide ...... cut cIriwway IhaI - CIIa"l' Lane opprQXi"",1o1y 26-
1081 wool ollila ooo! -rty &na end ....- ~. ~ 10 be" curb ratum "". driveway ilia'
I. 0 moximum of aø.<roat In wldlh ...d In aIsfImonI willi CrÐoIm<¡nt DIIv<!.
c.
1.
2-
0Iher Ihon Ihe ...... polnllhall1al apacIIk:ally .bee. oP4'- v.tIh thlt applico!lon. direct 101 ....ss
10 ettlny.Lant! bprohlblllld.
Comply with aD .18- CandltIano 01 Apprtl\l8L
3.
D.
Standard Coiidlt\- of Approval
Any _ng 1n1 81!c1n r.dlilles shall be roIGœIIId oull1lde gf 1118 right-okiay.
1.
2.
All utility J81ccalkln - auaclaled with Il1IptIIWIng straøt IrontiIQIIB abutting the site sll;lll be borne
by lIIe dlVllopfi. .
Rspllloe any 8¥I8IIng darnll Bd CUIb, guftBl' end oldewslk and any thai mill be demeged dLring Ih.
œnotnJellQII '" \hI ~ dev8Ic mNml Conta<>t Ccl18lrUalian 8ervJ- øt 387.fi280 {wiIh Ole
nurnberj fer details.
3.
4.
UIdI1 l slreetcula 1/1 IIYIII1IIII'IIeiIa1llan five!/'UIS aid 1II'811!11811cwec1 unless eppfOYØd in writing by
the Dlllrlct. Ccntacllhe CIsIrIct'a Unity CcxIn: lrœIor ot 3870G258 (with iii. numbera) Ie, delails.
All d88ign and ccnelrucUo. shd be In IIÇCIXIIanœ wItIlhe Ada County Hlghwlly Diotrlct I'aIcy
MønueI,ISPWC: Slantlenls end IQI KO1I8d -plemønl8, Ccl8truclfan Ssrvlces prccea..... and all
eppfœblo ACHD 0rdJn0nœe unteø ~ W8- horein. An ens-reslotered In 1110 Slalo
d Idaho ohaII lNpore ami DBI1JIy aD Imprc!vemøn! pions.
6.
e.
Th8 eppIlœnloh8llellbJrilrao.iad pia... far starf op~ I/1Dr 10 - cI buHcllng pennit (or
DIt1er required plnnllø). _lncCIpaIØIoIany required dllalgn ohengeo.
CcnsIn1<:IIo.. use end proporl)' cI8~ IhIIl be In confllnnllnoe WIth ell oppllœblo requl~ento
of the Ado Coul'll1 HiQI'IwI\y Di- II/IDr 10 OI8b1ct eppn:wtil ibr occupancy.
7.
8.
Pø¡rmenI cf appIlcellllllllld Impa;t 1-. "'" required pncr ICI Þulldlng __Ion in """'rdenœ WIth
OnIlnenoe II2DD, 1110 ~ II Ada Counly HlghWey DIøIJIcI RcaØ Impact Fee Oldlnonce.
It Is U1e reipGl1llbl1lly g the --10 \'8IIIY on o jlllng uUiIIIIII wIö1In 1118 righl-of.wov. Tho
Il l llIGOIII al no ccat III ACHD ehøll'll 1llir 8Id8ang UllIIIII8 d8mII ød by Il1o applicant. The appliœlll
ahaIl be required 11:1 CI8II DlGUNE (1-81JOo342.1585) at I8s8IIWD fUll bUslneoII dOþll pnor Ie breaking
g",und within ACtIO IIghklkvBy. ThII eppIlCBnI sI1IIll cønIaat AOID no. Operations 387-6190 In
tha oven! any ACHD concUIII (ePIN or flUed) 81'0 comp_1aId dlll1n¡¡ eny phaae cI _ell...
Nodlangeln lite- end aGlllllI!oIIs tIIltll8SØPl'D\IOllIhBIlbaVIIl1d U1I_lhey e.. InwilDng and
slgnfld by the _cant or lIIe Ç I!Iœnfo IltilhGrlzøclrepr8lenlllUve III1d an aulherlz8d repro_live
of the Ada Ccunly HlQhwer DI8Ißct. Tho burden otodI bo IQlllllIhe epplfcanl II> obtain wnllen
cønIhn8IIan 01 any chenga irani ilia AlIa County Highway Ol8lrfol
9.
10.
11.
Any chIInge by \he 8 I IIlcenlln !he pIonnod ...0 of ... P-'Y _Is the subject 0111110
IIØIœIIcn. shan raqulre \he IIpJIlœnlloœmplywllh 011 ftll8o,resLle1lcnS. Grdlnanceo. pie... cr elller
regul8lcry end legal restJtClllcn.1n force et 1118 time the oppIIoanIor.., III-" In ¡ntenost advl...
the Highway OIl1rlal cf III Inlllntlll CII1EIrGellte planned UII8 cl'1IIo 8UbJoct. properly un!eM a
WII~ of oaId req..- Gr -legal rella/Ie ø- IUI'IIu8l1l1D tho laW In effact at the
time the chonCIoln _Is &Ought
Conclusions of1.aw
Eo
t.
iIIe prcp- BlIo pial IB8pprOVed, If all Dfthe - s~ and 8I8nd.'" CondlltDns of Approval are
.-d. .
AcHo requiromerdll8llllni!¡nchod II> e..urelhet the prapcsod IØ8ldlMl!cpmoßt will net p\aCø an
undue bll'den on !he uIstIng 1fehlcul.r IIIId pedes1rIon InInepa/IIIicm systam within tho vicinity
¡Ipac1ed by tho prcpoeed cI8V81oprnanl
2.
4
EXHIBIT C
Kinetico Quality Systems
RZ-O4-018
Required Findings for Zoning Amendment
STANDARDS FORZONINGðMENDMENT
The Commission and Council shall review the particul(lJ" facts and circumstances of each proposed zoning
amendment in terms of the following standards and shall jlnd adequate evidence answering the following
quesJions about the proposed zoning amendment (/1.15.11):
A.
Will the new zoning be harmonious with and In accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive plan amendment;
Staff finds that the requested Community Business (C-C) zoning designation is in
accord with the Comprehensive Plan's Future Land Use Map, which delineates
the subject property as "Commercial". The text of the Comprehensive Plan (page
99) supports a full range of commercial and retail uses in the commercial zone,
including offices, services, and retail.
B.
Is the area included in the zoning amendment intended to be re-zoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
in the future.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning;
Staff fmds that the proposed retail use is allowed in the proposed C-C zone. The
applicant has submitted a written statement regarding the proposed use, which
states the following: "....a neighborhood friendly business that is retail in nature
but has minimal site visits by customers. Most of the business activity takes place
at customer's homes with the business site used for supporting office activity,
light retail of accessory products, and storage of the product that is installed into
customer's homes."
Meridian City Code 11-19-1.A states that "No building or other structure shall be
erected, moved, added to or structurally a1tered, nor shall any building, structure
or land be established or changed in use witÌlout a certificate of zoning
compliance issued by the Administrator." A Certificate of Zoning Compliance
(CZC) will be required prior to issuance of a building permit or occupancy of the
retaU business.
The required land use buffer between the proposed commercial use and the single
family residences to the north is 25-feet, which would eliminate approximately
half of the proposed parking area in the rear of the building. The àppHcant will
work with City staff to obtain Alternative CompHance for the reqQired north land
use buffer prior to issuance of a Certificate of Zoning Compliance. A 20-foot
buffer is required and provided along the western property line between the
proposed business and the existing apartment building. Staff finds that the
applicant can provide enough required parking for the proposed business.
D.
Has there been a change iD the Bl'ea or adjacent areas which may dictate that
the area should be rezoned;
Staff finds that the City's Comprehensive Plan has provided the applicant with the
ability to request the C-C zone for the subject property. Much of Cherry Lane in
the vicinity bas already redeveloped from residential to office or commercial uses.
E.
Will the proposed uses be designed, constructed, operated and maintained to
be harmonious and appropriate in appearance with the existing or intended
character of the general vicinity and that such use will Dot change the
essential character of the same area;
Staff finds that the proposed development is designed in a manner that will be
hannonious with and appropriate in appearance with the existing neighborhood.
The applicant proposes to use the existing structure and anticipates making only
site improvements such as parking.
F.
Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone will not be disturbing to existing or future
neighboring uses, if the required land use buffers can be provided within the
restraints of the site. Through the Comprehensive Plan process, the City
determined that commercial development is appropriate for the area. Any future
change of use on the property that may have a significant impact on the
surrounding properties will require conditional use approval under current
ordinances, and adjoining property owners will have an opportunity to comment.
Staff anticipales that the proposed retail building use will. not be hazardous or
disturbing to the neighboring uses. The Commission and Council should consider
the applicant's responses to staff concerns and all public testimony, oral and
written, before making this finding.
G.
Will be served adequately by essential public facilltiesand services such as
highways, street, poDce, and fire proteetioD, drainage structures, refuse
disposal, water, sewer. or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such
service;
L.
On December 4, 2004, a joint agency/department comments meeting was held
with representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received ITom
agencies/departments, staff finds that the public services listed above can be made
available to accommodate the proposed development. The Commission and
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
B.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
Staff finds that the requested uses will not create excessive additional
requirements at public costs for public facilities and services. Additionally, staff
finds that the proposed rezone would not be detrimental to the economic welfare
of the community.
I.
Will Dot involve uses, activities, processes, materials, equipment, and
conditions that will be detrimental to any persons, property, or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed C-C zoning designation of the property does not
inherently allow uses that will generate activities, processes, materials,
equipment, and conditions that are detrimental 10 the general welfare of the
community.
J.
Will have vehicular approaches to the property which shall be so designed as
not to create an interference with trame on surrounding public streets;
Staff finds that the proposed C-C zoning wíll not interfere with general traffic
patterns on any public streets. A stubbed asphalt drive for cross-access will be
required to the parking lot 10 the east, in anticipation of future commercial
development. Please refer 10 the ACHD staff report for a full report on traffic
issues.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance.
Staff finds that no natural or scenic feature will be lost, damaged or destroyed by
issuance of this conditional use. Staff bas not identified any natural or scenic
features on the site.
Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City by
allowing a property owner to make improvements to .the property for re-
development that would otherwise not be allowed without the rezone.
,,""...-